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How can I sue my HK Employer for withholding my final salary after I have left the company?

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  1. #21
    Quote Originally Posted by shri:
    Speak to the labour department - they have a hotline which you can use.

    Was one of the "excuses" related to clearing your IRD dues?
    Am I the only one that finds it silly that the government doesn't just require all companies to withhold taxes on each paycheck as is done in most of the rest of the developed world?
    MandM! likes this.

  2. #22

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    Quote Originally Posted by shri:
    So you've never worked physically in HK? i.e. Never been on an HK visa - not much you can do, as I really don't think the labour department would get involved with what looks like a purely civil contractual dispute.
    @shri,
    Labour department will handle cases of overseas employment by a hk based office. In a case such as this an employment visa is not required for hk if employment is outside of hk but can still have legal jurisdictions in Hong Kong. There are some cases of hk residents working in China for a hk company able to successfully claim unpaid wages in Hk courts from hk office.
    Evee likes this.

  3. #23

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    Quote Originally Posted by HK_Katherine:
    And you seriously think HK admin departments are capable of differentiating this? Of course the OP is going to be outside HK after his/her employment.. they are already. That's probably enough to trigger this. There are penalties on the company for NOT withholding the money, this is far more likely to be a trigger. We got this wrong on the first person who left (before we knew about these rules). He buggered off from HK without paying his tax and we ended up in deep shit. Any employer with any experience is going to avoid this.

    Sure - the OP's employer might just be overly cautious. Or the person dealing with it might be on holiday / down with the summer flu. They might have to wait a little longer. But the ranting is out of all proportion to the issue.
    If the employee buggered off and you paid his debt then can that employee return to hk and his debt with IRD is cleared?

  4. #24

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    Quote Originally Posted by Tripsearching:
    Am I the only one that finds it silly that the government doesn't just require all companies to withhold taxes on each paycheck as is done in most of the rest of the developed world?
    I don't mind it the way it is. But that could be another option. But probably more costs and admin for companies?

  5. #25

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    Quote Originally Posted by MandM!:
    @shri,
    Labour department will handle cases of overseas employment by a hk based office. In a case such as this an employment visa is not required for hk if employment is outside of hk but can still have legal jurisdictions in Hong Kong. There are some cases of hk residents working in China for a hk company able to successfully claim unpaid wages in Hk courts from hk office.
    The guy is not anhk resident.

  6. #26

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    To the OP,

    Proper channel is the labour department. Need to go in person unfortunately and possibly quite a few times if it goes to court. Usually after the initial complaint the employer will settle. Not paying wages is an offence with a short jail term and fine. You can insist an investigation be opened into the matter on your in person visit to the labour department. You go to the particular department based upon your hk office location. There's no cost at the labour department and relatively no cost to you if you go to the tribunal. (couple hundred hkd). If you suspect they are winding up then proceed to file complaint immediately. Hk has minimal insurance to cover you.

    One of the key points is that you signed no settlement and objected in writing to any shortfalls in your payment. Best to call the labour department to learn your full entitlements by law and how to calculate it. Annual leave, how to calculate wages (including average bonus and commissions), etc.

    A lawyer is not worth it in my opinion but if you went all the way then you could recover "some" costs, flying to hk, basic hotels, transport, food, lost wages, etc. I would hire a lawyer (costs I think would amount to greater than US$2k to write a couple letters and quickly escalates) if the amount was over hk$1m but the legal system in Hk is quite strong and the court will help you to make and write the complaint, they hold your hand basically. The company director could be personally liable for such a case and hence usually is solved albeit you may accept a discount. In the case of not paying your wages when due the ball is in your court and I would not settle. The employer has to answer for breaking the law with personal penalities. If you settle then likely the case would be done and not proceed to prosecution since no one was found guilty by the court.

    Evee likes this.

  7. #27

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    Quote Originally Posted by shri:
    The guy is not anhk resident.
    Hk companies still have to follow the hk laws with regards to employment. I think he has a case, maybe
    Original Post Deleted
    can chime in.

  8. #28

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    Quote Originally Posted by Tripsearching:
    Am I the only one that finds it silly that the government doesn't just require all companies to withhold taxes on each paycheck as is done in most of the rest of the developed world?
    As an employer, I love having to do less of the Government's work for them.
    shri likes this.

  9. #29
    Quote Originally Posted by HK_Katherine:
    As an employer, I love having to do less of the Government's work for them.
    Just so you know, literally every post you make i find myself rolling my eyes. For an "expat" you have an incredibly local attitude towards things.
    Evee likes this.

  10. #30

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    Quote Originally Posted by Tripsearching:
    Just so you know, literally every post you make i find myself rolling my eyes. For an "expat" you have an incredibly local attitude towards things.
    ROTFLMAO. That's hilarious.